S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1949
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2023
                                ___________
 
 Introduced  by  M.  of  A.  BICHOTTE HERMELYN,  JOYNER  -- read once and
   referred to the Committee on Energy
 
 AN ACT to amend the public authorities law, in relation  to  authorizing
   the New York state energy research and development authority to devel-
   op a temporary middle income home energy assistance program; making an
   appropriation therefor and providing for the repeal of such provisions
   upon expiration thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 1854 of the public authorities law  is  amended  by
 adding a new subdivision 9 to read as follows:
   9.  TEMPORARY  MIDDLE  INCOME  HOME ENERGY ASSISTANCE PROGRAM. (A) THE
 AUTHORITY IS AUTHORIZED, IN CONJUNCTION WITH THE DEPARTMENT OF  TAXATION
 AND  FINANCE,  TO DEVELOP, IMPLEMENT, ADMINISTER AND OPERATE A PLAN, AND
 HOLD FUNDS AVAILABLE FOR SUCH PLAN, TO MAKE AVAILABLE  ONE-TIME  SUPPLE-
 MENTING  GRANTS  FOR  THE  PURPOSE  OF  ASSISTING ELIGIBLE HOUSEHOLDS TO
 OBTAIN HOME HEATING FUEL.
   (B) FOR PURPOSES OF THIS SUBDIVISION, THE  TERM  "HOME  HEATING  FUEL"
 SHALL  MEAN  FUEL  OIL,  COAL,  WOOD, PROPANE, NATURAL GAS, ELECTRICITY,
 STEAM, KEROSENE AND ANY OTHER FUEL WHEN  USED  FOR  RESIDENTIAL  HEATING
 PURPOSES.
   (C) THE AUTHORITY IS REQUIRED, IN ACCORDANCE WITH THE PLAN ESTABLISHED
 IN  PARAGRAPH  (A)  OF THIS SUBDIVISION, TO PARTICIPATE IN THE TEMPORARY
 MIDDLE INCOME HOME ENERGY ASSISTANCE  PROGRAM  AND  TO  ASSIST  ELIGIBLE
 HOUSEHOLDS TO OBTAIN MIDDLE INCOME HOME ENERGY ASSISTANCE.
   (D)  PERSONS  WHO  QUALIFY FOR MIDDLE INCOME HOME ENERGY ASSISTANCE IN
 ACCORDANCE WITH STANDARDS PROMULGATED BY THE AUTHORITY, SHALL BE  CERTI-
 FIED  AS  ELIGIBLE  FOR AND ENTITLED TO RECEIVE SUCH HOME ENERGY ASSIST-
 ANCE. NO PERSON, HOWEVER, SHALL BE CERTIFIED AS ELIGIBLE FOR  AND  ENTI-
 TLED  TO  RECEIVE  SUCH  HOME  ENERGY  ASSISTANCE  IF NO STATE FUNDS ARE
 AVAILABLE FOR SUCH PURPOSE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03341-01-3
              

 A. 1949                             2
 
   (E) NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW TO THE CONTRARY,
 THE AMOUNT OF ANY HOME ENERGY ASSISTANCE PAYMENTS OR ALLOWANCES PROVIDED
 TO AN ELIGIBLE HOUSEHOLD UNDER SUCH PLAN SHALL NOT BE CONSIDERED  INCOME
 OR  RESOURCES  OF  SUCH  HOUSEHOLDS,  OR  OF ANY MEMBER THEREOF, FOR ANY
 PURPOSE UNDER ANY STATE LAW.
   §  2.  The sum of one million dollars ($1,000,000), or so much thereof
 as may be necessary, is hereby appropriated to the New York state energy
 research and development authority out of any moneys in the state treas-
 ury in the general fund to the credit of the state  purposes  fund,  not
 otherwise  appropriated, and made immediately available, for the purpose
 of  supporting  the  temporary  middle  income  home  energy  assistance
 program.    Such moneys shall be payable on the audit and warrant of the
 comptroller on vouchers certified or approved  by  the  New  York  state
 energy  research  and  development authority in the manner prescribed by
 law.
   § 3. This act shall take effect immediately and shall  expire  and  be
 deemed repealed April 1, 2025.